HomeMy WebLinkAboutOrdinances - O-90-568 - 10/17/1990 - GRANT CUP WALMART AUTHOMOBILE SERVICE STATIONORDINANCE NO. 0-90�568
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF McNENRY, ILLINOIS, BY GRANTING A CONDITIONAL USE PERMIT
WHEREAS, the written Petition of WAL-MART STORES, INC. AND MOBIL OIL
CORPORATION, has been filed with the City Clerk of the City of McHenry,
Illinois, requesting the issuance of a Conditional Use Permit, under the
provisions of the Zoning Ordinance of the City of McHenry, and such
Ordinance as amended, concerning the following described premises:
A part of the Northwest 1/4 of Section 26, Township 45 North,
Range 8 East of the Third Principal Meridian, McHenry County,
Illinois, being more particularly described as follows:
Commencing at the Northeast corner of the Northwest 1/4 of
Section 26, Township 45 North, Range 8 East; thence South 88 58'
53" West 36.21 feet to a point on the Westerly right-of-way line
of Illinois Route 31; thence along said right-of-way line South
00 00'37" East 748.10 feet to the point of beginning; thence
continuing along said right-of-way line South 00 00 37" East
373.00 feet thence South 66 55'44" West 8.72 feet to the proposed
Northerly right-of-way of McCullom Lake Road; thence along said
right-of-way as follows: North 46 08'16" West 508.44 feet to a
point of curvature; thence along said curve to the left having a
radius of 5831.00 feet, an arc length of 34.88 feet thence North
89 59'57" East 399.77 feet to the point of beginning containing
(76,710 sq. ft.) in the City of McHenry, McHenry County,
Illinois.
Commonly known as: Northwest corner of Route 31 and McCullom
Lake Road, McHenry, Illinois 60050; and,
WHEREAS, Petitioners are requesting a Conditional Use Permit to issue,
such Conditional Use Permit providing for an automobile service station, to
include accessory uses, namely, a Mobil -Mart (sales of pre -packaged goods)
and a Single -Car Rollover -Brush Car Wash Bay. The Petition also requests
that any parking and loading requirements be applied only to the required
employee and disabled parking and the stacking of vehicles using the
carwash. No change in zoning is being requested; and,
WHEREAS, the Zoning Board of Appeals made no recommendation as to
Petitioners request; and,
WHEREAS, at the regular meeting of the City Council, as reconvened
from time to time, the City Council of the City of McHenry did find that it
would serve the interests of the City if a Conditional Use Permit were
granted, allowing an automobile service station, the accessory uses, and
the suggested parking and loading requirements, because:
A. Any adverse impact of types or volumes of traffic flow have been
minimized.
B. Any adverse effects of noise, glare, odor, dust, waste disposal,
blockage of light or air, or other adverse environmental effects have been
appropriately controlled.
C. The proposed use will fit harmoniously with the existing natural
or man-made character of its surroundings, and the use will not have undue
deleterious effects on the environmental quality, property values, or
neighborhood character already existing in the area.
D. The proposed use will not require existing community facilities or
services to a degree disproportionate to that normally expected of
Permitted Uses in the Zoning district, nor generate disproportionate demand
for new services or facilities in such ways to place undue burdens upon
existing development in the area.
E. The proposed use will not be detrimental to the safety or health
of the employees, patrons, or visitors associated with the use nor of the
general public in the vicinity.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
McHenry, Illinois, as follows: That a Conditional Use Permit is hereby
granted to the above described premises allowing the use thereon of an
automobile service station, along with the accessory uses of a Mobil -Mart
and Single -Car Rollover -Brush Car Wash Bay, in accordance with the site
plan prepared by W-T Engineering, Inc. dated March 3, 1990, last revised on
December 11, 1990, the signage plans prepared by W-T Engineering, Inc.
dated March 2, 1990, last revised December 15, 1990 and the landscaping
plan prepared by Penco Associates, dated September 26, 1990, last revised
December 12, 1990 all of which are incorporated herein by reference. With
respect to the subject premises, the parking and loading requirements shall
be applied only to the required employee and disabled parking and stacking
of vehicles using the car wash.
THE CONDITIONAL USE is subject to further conditions, namely:
1. HOURS OF OPERATION. The Mobil -Mart may be operated 24 hours a
day. The building will be protected with a cashier security device. The
car wash will be allowed to operate, Monday through Saturday, from 7:00
a.m. to 9:00 p.m. and, on Sundays, from 8:00 a.m. to 6:00 p.m.
2. CAR WASH DOORS. The car wash may be operated with the doors open
provided that the operation meets all requirements of the City of McHenry
Performance Standards. The owner of the subject property shall certify to
the City of McHenry that the car wash meets the City of McHenry Noise
Performance Standards (as defined in the City of McHenry Zoning Ordinance).
The owner shall cause a noise study to be performed, at the owner's ex-
pense, within ninety (90) days of the car wash beginning operation. The
certification shall be by a licensed engineer, licensed architect or scien-
tific laboratory. If the noise study shows that the Performance Standards
are being violated, the owner shall take corrective measures immediately to
bring the operation into conformance with the Performance Standards and
shall once again verify the owner's compliance with the City of McHenry
Performance Standards by performing additional noise studies, as required.
3. THE MOBIL I.D. SIGN on the subject premises shall be installed at
the location depicted on the site plan. It shall be a monument type sign.
The sign dimensions shall permit the sign to be as large as twenty-two (22)
feet wide and seven (7) feet high. The sign may be placed on a bean up to
five (5) feet in height, so that the overall height of the sign shall not
exceed twelve (12) feet from the ground level on which the sign is being
erected.
4. GAS TANKS AND PIPING. With respect to the gasoline tanks and
piping system, the tanks shall be constructed of fiberglass and shall be
double -wall tanks. The gasoline piping shall be installed in a trench
system so as to provide containment of any leakage. The trench system will
be fiberglass, to include a 1/8 inch fiberglass top. Liquid monitoring
devices shall be installed for each tank (to include monitoring between the
walls of the double -walled tanks) as well as in the piping trench system.
There shall be a five (5) gallon gasoline retention system installed at the
gasoline tank supply opening.
5. BYPASS LANE. The owner shall construct a left turn lane on
McCullom Lake Road providing for access to the McCullom Lake Road entrance
to the property for vehicles traveling eastbound on McCullom Lake Road. In
conjunction with the construction of such a left turn lane, a bypass lane
shall be installed allowing traffic to move freely in an easterly direction
on McCullom Lake Road around the left turn lane. This bypass lane shall be
approximately 150 feet long providing for additional pavement tapering up
to five (5) feet in width and shall be constucted on the south side of
McCullom Lake Road. Striping shall be performed appropriately on McCullom
Lake Road to guide traffic around the left turn lane, both as to easterly
traffic and westerly traffic on McCullom Lake Road. The plans and specifi-
cations for the construction of the lanes and safety striping shall be
subject to.the review and approval of the McHenry City Engineer and
Director of Public Works.
6. ROUTE 31 ACCESS. Access to the subject site, via State of
Illinois Route 31, shall be by way of one combined entrance/exit, to be
constructed in substantial conformance with the site plan, dated March 3,
1990, last revised December 11, 1990, which depicts said combined
entrance/exit.
BE IT FURTHER ORDAINED that this Ordinance shall be in full force and
effect from and after passage, approval and publication as provided by law.
PASSED this 17th day of October, 1990.
AYES: BOLGER, DONAHUE, SMITH, PATTERSON, SERRITELLA
NAYES: TETA, LIEDER, McCLATCHEY
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING: NONE
APPROVED this 17th day of October, 1990.
PUBLISHED: In pamphlet form
The CITY OF McHENRY, a Municipal
Corporation Chartered under the
Laws of the State of JJ l i not s .
BY
Approved as to form: NARUSIS & NARUSIS, City Attorney
BY: